Whether your child is a senior in high school, about to start college this fall, or presently a college student, at some time in the next few years, there may be legal issues affecting you and them. This article addresses the following potential issues that may concern parents and students: alcohol and drugs, fake IDs, credit cards, pranks, social networking and defamation, gambling, cheating/plagiarism, date rape, copyright infringement, landlord/tenant issues, and harassment and discrimination. Additionally, it gives general advice on how to respond to potential legal issues.
Alcohol and Drugs and Other Substance Abuses
College students find new ways to get into trouble every year, but the biggest recurring theme is alcohol. As a minor, underage drinking by a student can carry with it serious consequences. While state laws and school codes of conduct vary, underage drinking is almost always an arrestable offense at the discretion of the officer and more often than not will be reported to and punished by the school as well. Additionally, in some states there are “in possession by consumption” laws. This means that a minor can be charged with possession of alcohol if it is in their system, regardless of whether they have an alcoholic beverage on them at the time. An exception to this is the Good Samaritan rule. In Massachusetts, a person under the age of twenty-one who seeks medical assistance for himself or another for an alcohol-related overdose shall not be prosecuted for underage drinking or purchase of alcohol. The Good Samaritan Rule does not apply to every state.
For students who are twenty-one and over, it is important to remember that because it may be legal to drink, it is not legal to do whatever one wants while drinking. Massachusetts and many other states have very strict public intoxication laws that students often run afoul of when judgment is impaired. If stopped by a police officer, a student should know the cardinal rule– say no more than you have to and always be respectful. Those twenty-one and over should be aware of the serious liability and possible array of issues that come with hosting parties where both alcohol and minors are present. Keep in mind that providing alcohol to underage friends can carry serious legal consequences, particularly if it results in a motor vehicle or other accident.
As everyone knows, driving under the influence is perhaps the most serious alcohol related trouble one can get into, with potential consequences like loss of license, community service, school sanctions, a legal record, or even jail time. It goes without saying that one should never drink and drive, but if a student has had a drink and is pulled over, it’s best not to submit to a breathalyzer test. Most states will automatically suspend a license for a period of months for the refusal, but it becomes much more difficult for the state to prove its case at trial and therefore enforce much harsher penalties. Conversely, if a student has not had a drink, he or she should take the test. Either way, it is typically best to stay in the car as long as possible. Lastly, whether one has been drinking or not, many states have laws strictly forbidding open containers of any kind in a motor vehicle, so one can still get into trouble by allowing friends to drink while they drive.
As a word of caution, many schools also have severe consequences for keeping alcohol in dorms, underage drinking, or activities that are considered to lead to binge drinking (the presence of kegs, drinking games, etc.), so students are well advised to become familiar with their student handbook and also know whether the campus safety officers are a deputized police department (and whether they need consent to enter and search a dorm room.)
Many of the same rules that apply to alcohol can be applied to illegal drug use as well. While it is never legal to have or use these drugs, college students must also be aware of the serious distinction between drug possession and drug distribution. Simple possession charges can frequently have punishments reduced to fines, community service, and probation. Charges for distribution or intent to distribute, however, are frequently felonies punishable by much harsher sentences. Students should be aware that these charges can arise from acts they think are otherwise relatively innocuous (buying large quantities for personal use, buying for friends, etc.) and carry severe consequences. Although Massachusetts has recently repealed mandatory minimum sentences for certain retail drug offenses, the sale and distribution of controlled substances could still result in long prison sentences. What’s important to remember about marijuana possession is that while Massachusetts and other states alike have decriminalized the possession of less than an ounce of the drug, a state’s laws may not be consistent with a college’s policy and disciplinary action by the school could ensue, even if the student is not breaking the law.
In recent years, there has been a rise in people driving under the influence of inhalants, especially among young adults and college students. In 2018, the state of Massachusetts included operating under the influence of “fumes releasing toxic vapors” to the definition of OUI, which encompasses inhaling spray paint, lighter fluid, paint thinner, etc. In short, if a student is operating a motor vehicle while under the influence of said inhalants, he could be arrested without a warrant.
Fake IDs
Students have been making and utilizing fake IDs for as long as there have been statutory age limits of any kind, but they have never been more legally dangerous than they are in today’s environment of heightened security. While using the real identification of another person may only be a misdemeanor, it can also be punishable under laws applied to identity theft, which carry much harsher penalties. Using a fake ID with a picture of oneself could be a felony offense, which always carries harsher penalties and gives officers, prosecutors, and judges less discretion in some circumstances. In today’s climate, many states have enacted laws directed at stemming the flow of fake IDs that could potentially be used for identity theft, illegal immigration, or even terrorism.
Credit Cards
At almost every sporting, recruiting, or other campus event, cheap school-branded credit cards are easily applied for by students. Many such offers come by mail, too. Credit markets have tightened, but it is still very easy for students to get an unreasonable amount of credit extended and wind up in an unmanageable amount of debt. That debt can follow them for years, as can a record of any late or missed payments (which can be monitored thanks to the Federal Trade Commission at AnnualCreditReport.com).
College students can also get into legal trouble for credit card misuse or fraud. In Massachusetts, credit card misuse of over $1200 is a felony and can result in a year of imprisonment and a $2000 fine. Credit card fraud of over $1200 is also a felony and can result in a two-and-a-half-year jail sentence and a $10,000 fine. Whereas a college student might be tempted to prank their friends by misusing their credit cards, it is imperative to note that doing so could result in serious legal consequences.
Pranks
Pranks can and often do result in serious legal consequences for college students. What some see as a simple college prank, like taking an item of distinction from a rival school, fraternity, sorority, or group of friends, most likely fits the legal definition of larceny. Depending on the value of the item taken, the crime could be either a misdemeanor or a felony.
Also important to note is the recent attention being paid to hazing. More than ever, colleges and states alike are recognizing much of what was once considered accepted rights of passage as criminal hazing. For its part, Massachusetts defines hazing as, “any conduct or method of initiation into any student organization, whether on public or private property, which willfully or recklessly endangers the physical or mental health of any student or other person,” and specifically eliminates consent as a defense.
Social Networking and Defamation
It should come as no surprise that cyber bullying is receiving more attention from law enforcement officials than ever before. Schools, too, are taking note of, and have been quick in many instances to sanction students, even for conduct entirely online outside of school. Students need to be careful with what they put in writing in emails and on social networking sites. Today’s technology makes it easier than ever to harass, and lets students be far more removed from the individual when they are doing it. The rule here is if they would not do it in person, they should not do it online. Students should also keep in mind that not only do schools have the right to monitor a student’s online activity and act accordingly (and possibly also monitor email, depending on the university use policy), but everything put online is out there forever. A student might not want to be answering questions about abusive or irresponsible social media use at future job interviews.
Gambling
Poker games, sports pools, friendly wagers, and any other games of chance with money online are illegal in most states. Such activities open students up to the possibility of legal consequences, and, perhaps more likely, university sanctions.
Cheating/Plagiarism/Artificial Intelligence
Every student knows about the dangers of cheating and plagiarism. Today, in addition to everything students have ever been told, it is especially important to be aware of the dangers of internet plagiarism – purchasing papers from internet databases or individual paper writers – which can have legal consequences for both the student and the paper source, and which will certainly have academic consequences. Students have to keep in mind, whenever technology is developed to cheat, parallel technology is developed to catch cheaters and universities are using it.
Indeed, many colleges have very detailed rules and regulations regarding academic integrity and typically define academic dishonesty to include actions such as sharing of information about a test with other students, copying or sharing lab reports or data, submitting a paper or assignment from a different course (i.e. self-plagiarism) and copying or sharing homework with other students.
It is important to note that academic dishonesty and plagiarism are viewed as very serious offenses, and schools often hold the student originator of work just as culpable for academic dishonesty as a student borrowing and or submitting the work improperly, even in some instances when he or she was unaware of the receiving student’s intention to borrow the work. Therefore, students are encouraged to protect their work at all times, and both students and parents should make great efforts to familiarize themselves with student/parent handbooks, particularly the provisions defining academic integrity and prohibited behaviors.
In late 2022, multiple online platforms were released using an artificial intelligence generated “chatbot” that can generate human dialog based off input the user provides. Platforms such as ChatGPT and BlackBox have many uses, including writing essays and coding software. These platforms do not cite where they derive their information. Where uncited information has been included, schools may label such content as plagiarism. There are also platforms that professors can use to detect A.I. usage. If the professor suspects an assignment was completed with the help of an A.I. platform, the student may face the same consequences for academic dishonesty and plagiarism. Institutions may have different protocols concerning A.I. usage, which should be found in the institution’s student handbook.
Sexual Assault/Title IX
Sexual assault has been reported with more frequency on a number of campuses in recent years. The term can include forced sexual intercourse with an individual, intercourse with an individual who is too intoxicated to consent, or purposefully drugging someone for the purpose of getting them to submit to intercourse. For students who have been victims, it is important to remember that resources exist both on their campus and in their community, and they should immediately both seek out those resources and report the crime to law enforcement. A new law enacted in 2017 allows victims to track the status and location of their sexual assault evidence kits through a statewide tracking system under the Executive Office of Public Safety and Security. If a student has been accused of sexual assault, he should immediately seek legal counsel. Keep in mind, however, that even if there is insufficient evidence for a criminal prosecution of sexual assault, the accused could still face adjudication and possible expulsion from his university.
Universities and colleges are required to have a Title IX office to address gender discrimination by Title IX of the Education Amendments of 1972. This includes any form of sexual harassment and sex discrimination including, but not limited to, benefits, financial aid, and participation of any education program or activity that is federally funded. Students are entitled under Title IX to the same athletic resources regardless of sex. If a student suspects they are being unfairly discriminated against, they are encouraged to contact the Title IX office.
Copyright Infringement
A major concern of today’s college students should be copyright infringement. Ever since Napster, file-sharing has been unquestionably illegal and punishable in both a civil and a criminal context. Today, while Napster is defunct and the record companies have officially called off their strategy of suing individual infringers, BitTorrent remains a ready source of pirated content and the Motion Picture Association of America and individual studios continue to file actions against individuals, college students among them. The civil penalties for downloading even a single file can range anywhere from $750.00 to well over $100,000.00, as a Boston University student recently found out in a case in Federal District Court in Boston.
Not only should students avoid any illegal downloading, but they also need to make sure that no one on their wireless network is doing any illegal downloading, which means having a password on their wireless router. When their apartment, dorm room, or house connects to the internet, they are identified by the service provider and the rest of the world by a number, an IP address. That specific IP address stays the same for each computer on the network, which means that if they leave their network unprotected, any random individual can use their IP address to undertake a whole host of illegal activity. This may be traceable back to the student account holder, rather than to the downloader.
Landlord/Tenant Issues
One issue that student tenants run into all the time is the mishandling of an apartment security deposit. The security deposit is a deposit paid up-front to ensure that if the tenant causes damage to the apartment, the landlord has the money to fix it without having to wait to get paid by the tenant. In Massachusetts and many other states, though, there are very strict rules for how a landlord must handle a security deposit and landlords very rarely follow them correctly.
In Massachusetts, a landlord who accepts a security deposit must give a written receipt for it, and within 30 days must do a walk-through of the apartment and provide the tenant with a written statement of its condition, giving the tenant an opportunity to note any inaccuracies. The landlord must also provide the tenant with a written statement indicating not only the bank where the deposit is being held but the account number as well. If the landlord fails in any of these respects, the tenant then has the right to demand the deposit’s immediate return. A failure by the landlord at that stage can result in liability to the landlord.
Within 30 days of moving out, the landlord must then either return the deposit or provide an itemized statement of deductions, sworn to under the pains and penalties of perjury, along with copies of all receipts, invoices, or estimates for repairs. Again, a failure to do so subjects a landlord to liability. Whether a deposit is taken or not, it is always a good idea to take pictures of the apartment both before moving in and after moving out to document the apartment’s condition.
Another issue that students sometimes have to deal with is eviction. While laws vary greatly by state, in Massachusetts it is important to remember that tenants do not have to vacate the apartment until a judge tells them to do so. The eviction process is started by what is called a Notice to Quit, which is served by a constable, and which tells the tenant to be out by a certain date. The tenant doesn’t have to be out by that date, but they do have to be aware of the documentation being delivered afterwards and make sure that if a case is filed, they timely file an Answer with any Counterclaims for bad conditions or security deposits, and always ask for a jury trial.
Fire
Fire is an issue that is often overlooked. Nevertheless, from candles to bonfires, students have the possibility of running into trouble. With the use of fire, property damage can ensue and there have even been occasions in which students were charged with arson for damaging school property. In extreme cases, where school property is deliberately set on fire, causing damage valued over $1000, the student who set the fire can be charged with malicious destruction of property. Under Massachusetts law, the student could receive a fine three times the value of the damage caused to the property in addition to jail time. Fire is an issue that should not be taken lightly. Extreme caution and knowledge of a school’s handbook for this circumstance are of the utmost importance.
Harassment and Discrimination
In the event of sexual harassment by a faculty or staff member, it is important to report it to law enforcement officials as soon as possible, and to remember that the student may have claims against both the individual and the school.
Claims of discrimination are just as serious and may also give rise to both administrative and civil claims. If your child is attending a private institution, the student handbook no doubt lays out the school’s discrimination policy, which can be enforced if violated. If your child attends a public institution, that school has to adhere to the state’s laws regarding discrimination. In Massachusetts, a public institution cannot treat one individual differently based upon their race, color, religion, national origin, ancestry, sex, age, disability, sexual orientation, marital status, or status as a recipient of public assistance.
Rule Infractions While School Is Not in Session
With all of these issues, it is important to note that college students may have to face disciplinary action on-campus even if school-rule violations occurred off-campus or when school was not in session (during the summer or a vacation). For example, if a student drives under the influence and is caught in July, if the school finds out, they may decide to take disciplinary action of their own. Students should be aware that at any time they are enrolled in an institution, they may be at risk if they break that school’s rules.
Legal Emancipation
Last but not least, it is important to remember that when your child turns eighteen, they are legally an adult and therefore legally emancipated from their parents.
Since a parent is no longer the legal guardian, he can no longer access their child’s health information or make legal, medical, or financial decisions for them if they are incapable of doing so. For example, if the student is in an accident and in the hospital, a parent may not be able to access medical records or give doctors the authority to undertake possibly life saving measures. So, like any responsible adult, the student should see a good estate planning attorney to have him draft a healthcare proxy, HIPAA authorization, and a durable power of attorney and whatever other legal documents, including a will, that may be appropriate under the circumstances. I have attached hereto a HIPAA Authorization and Health Care Proxy.
Students should also understand that when they reach the age of eighteen, parents are no longer obligated to help pay for school, clothing, food and housing.
COVID-19 and Related Pandemic Issues
In accordance with public safety efforts to combat the COVID-19 pandemic, some colleges and universities have enacted guidelines for students to follow in order to maintain their enrollment. Students who break these protocols have been subjected to discipline, including potential suspension and/or expulsion.
For example, Northeastern University dismissed eleven first-year students who were discovered gathering together at a room in the Westin Hotel in Boston, which is located off the Northeastern University campus. According to its Senior Vice Chancellor for Student Affairs, Northeastern University has policies in place—including wearing masks, avoiding parties and other gatherings, practicing healthy distancing, washing hands, and getting tests as required—to which students were required to adhere in order to remain enrolled at the University. In addition to Northeastern University, many other schools enacted a policy in which any student who hosts or attends a party or large gathering of twenty-five or more people, either on or off campus, will be suspended from or expelled from the school.
Students at Colleges or Universities should examine their Student Handbook and/or online resources to read and understand their respective institution’s pandemic policy, as a breach of the policy may result in severe disciplinary action.
What if Your Student Gets in Trouble?
Very rarely will a college student encountering a potential legal problem know when to seek legal advice. They often need to quickly find someone they trust. In some circumstances, an attorney should be hired immediately. States have different laws so getting good local counsel is imperative in some cases. It could be advantageous to know local law enforcement and school officials. When arrested, a student might be asked to provide personal information such as name and date of birth. It is essential that a student remains truthful in his answers, as giving false information to law enforcement officers constitutes a criminal offense under Massachusetts law. Dealing with legal troubles sooner rather than later is generally better. Very frequently, issues can be resolved easily very soon after an infraction, but they may become much more difficult to resolve as time goes by. Having a criminal record may later result in required disclosure on job applications and license applications (for example, to practice law).
It should also be noted that in certain circumstances, insurance liability and coverage may be at issue as a result of a student’s actions, which may result in a civil lawsuit against the student (or even a parent, if, for example, an automobile accident occurs and the student is driving a car registered to a parent). Again, while it may not always be easy to identify potential legal issues, parents (and students), if in doubt, should consult with an attorney.
Conclusion
Although it has been said that the wheels of justice turn slowly, things can happen very quickly to a college student in trouble. Oftentimes, students underestimate the potential legal and other consequences of their wrongful conduct, or do not understand when they need legal assistance to help them through a problem. Criminal records, although they might be expunged upon petition after a certain number of years, normally stay with the offender for his or her lifetime. Getting appropriate advice immediately will often save a student from unfortunate results later, that may have had a different outcome had they sought advice earlier.
James Rudolph is Managing Partner of the law firm of Rudolph Friedmann LLP in Boston. He frequently represents students relative to disciplinary matters in high school and college.
